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Womble Bond Dickinson Ramble PODCAST

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Noting that the pervasive lack of clarity in TCPAland has made it “more difficult for consumers to receive the communications they want and need,” the letter urges the FCC to take “quick action” to clarify the statute. (Please keep the snickering to a minimum.) In terms of specifics, the letter urges the FCC to maintain the requirement of random or sequential number generation as the hallmark of an ATDS. It also urges the FCC adopt a “present” capacity approach. These suggestions stand in marked contrast to the Democratic letter, that sought to include dialers that call from a list of numbers.

Notably, the letter uses the phrase “good faith” in the last paragraph– suggesting that the Commission might want to consider some sort of safeharbor for errant calls. The idea is not very fleshed out, however. The letter also makes repeated reference to the need to fight “unwanted” robocalls, which suggests that the battle lines remain blurred as a definition of “robocall” continues to elude.